The Cost of Registering A Trademark? Complete Price Breakdown

Understanding the True Investment in Brand Protection

When considering federal trademark registration, business owners naturally focus on cost as a primary decision factor. The question "How much does trademark registration cost?" seems straightforward, but the answer depends on numerous variables including the scope of protection sought, the complexity of your mark, whether you engage professional counsel, and whether your application encounters obstacles during examination.

More importantly, focusing solely on the upfront registration cost misses the broader financial picture. The real question isn't just what registration costs, but what inadequate protection, failed applications, or forced rebranding might cost—and how the investment in proper trademark registration compares to these potential losses.

This comprehensive guide breaks down every cost component of federal trademark registration, from initial searching through maintenance filings, providing transparent pricing information that enables informed budgeting and decision-making.

Cost of Registering a Trademark: USPTO Government Fees

Application Filing Fees

The United States Patent and Trademark Office charges per-class filing fees for trademark applications. Under the international Nice Classification system, all goods and services are organized into 45 classes—34 for goods, 11 for services. Fees are assessed for each class covered by your application.

TEAS Standard: $350 per class

The TEAS Standard application provides maximum flexibility:

• Custom identification of goods/services (not limited to pre-approved descriptions)

• Fewer initial requirements

• Ability to amend freely during examination

• No penalties for later amendments

Most applications should use TEAS Standard, as the additional flexibility prevents complications that could arise from TEAS Plus restrictions.

TEAS Plus: $250 per class

TEAS Plus offers $100 per class savings but requires:

• Using only pre-approved identifications from the Trademark ID Manual

• Agreement to electronic communication only

• Meeting specific technical requirements

• Penalty fees if requirements aren't maintained throughout prosecution

The $100 savings often isn't worth the restrictions. If you later need custom identification or certain amendments, you'll pay $125 per class surcharge, eliminating the initial savings and adding complexity.

Calculating Your Filing Fee

Single Class Application: If your mark covers goods or services in one class (e.g., just clothing, just restaurant services), your USPTO fee is $350.

Multi-Class Application: Each additional class adds $350. Common examples:

• Clothing brand: Class 25 (clothing) = $350

• Restaurant with online ordering: Class 43 (restaurant services) + Class 35 (online ordering services) = $700

• Software company with apps and consulting: Class 9 (software) + Class 42 (technical consulting) = $700

• Product manufacturer with wholesale and retail: Class 8 (goods themselves) + Class 35 (retail services) = $700

The classification system can be complex. What appears to be one business activity often spans multiple classes. Professional trademark counsel helps optimize class coverage, ensuring comprehensive protection while avoiding unnecessary classes that increase costs without providing meaningful benefits.

Additional USPTO Fees During Registration

Statement of Use Filing: $100 per class

For intent-to-use applications filed under 15 U.S.C. § 1051(b), once the USPTO issues a Notice of Allowance, you must file a Statement of Use proving actual commerce before registration issues. This filing costs $100 per class.

Extensions of Time for Statement of Use: $125 per class

If you need more than six months after Notice of Allowance to commence use, you can file extensions requesting additional six-month periods, up to a maximum of three years. Each extension costs $125 per class. You can file up to five extensions:

• First extension: Free (granted automatically)

• Second extension: $125 per class

• Third extension: $125 per class

• Fourth extension: $125 per class

• Fifth extension: $125 per class

Maximum extension fees: $500 per class if you need the full three years to commence use.

Post-Registration Maintenance Fees

Federal registrations require periodic maintenance filings to remain active:

Section 8 Declaration (Years 5-6): $225 per class

Between the 5th and 6th anniversary of registration, you must file declarations proving continued use. A six-month grace period allows late filing with $125 per class surcharge, but the grace period doesn't extend the actual 6th year deadline—registrations not renewed by the end of the 6th year are cancelled.

Section 15 Declaration (After Year 5): $100 per class

After five consecutive years of continuous use, you can file optional declarations of incontestability. This filing is typically combined with Section 8, making the combined cost $325 per class ($225 + $100).

Combined Section 8 & 9 (Years 9-10 and every 10 years thereafter): $425 per class

Between the 9th and 10th year, and every 10 years thereafter, you must file combined declarations of continued use and renewal applications. With Section 15 (if you didn't file it earlier), the cost is $525 per class.

Lifetime Maintenance Costs

Over a registration's first 30 years:

• Years 5-6: $325 per class (Section 8 + Section 15)

• Years 9-10: $425 per class (Section 8 & 9)

• Years 19-20: $425 per class (Section 8 & 9)

• Years 29-30: $425 per class (Section 8 & 9)

Total: $1,600 per class over 30 years (average $53 per year)

Professional Attorney Fees

Trademark Clearance Searching

Before filing any application, comprehensive trademark clearance searching identifies potential conflicts with existing registrations, pending applications, and common law uses.

Yomtobian Law Comprehensive Search: $2,000

This investment includes:

• Federal registrations and pending applications (all relevant classes)

• State trademark registrations (all 50 states)

• Common law uses through business databases, domain registries, social media, and internet searches

• Detailed written report analyzing identified references

• Likelihood of confusion analysis applying du Pont factors

• Strategic recommendations about registration prospects and usage risks

• Consultation discussing results and next steps

Professional searching prevents investing in brands that face conflicts, dramatically improving registration success rates while avoiding rebranding costs that can reach $50,000-$500,000.

Alternative Search Options

• Knockout searches: $300-$800 (preliminary screening only, not comprehensive)

• Automated online searches: $200-$400 (database searching without professional analysis)

• DIY TESS searching: Free (but typically misses common law uses and misinterprets results)

Comprehensive professional searching provides the thorough due diligence necessary before significant brand investment.

Trademark Application Preparation and Filing

Yomtobian Law Application Services: $2,000

This flat fee includes:

• Initial consultation discussing your business, goods/services, and trademark strategy

• Application preparation ensuring USPTO compliance

• Strategic selection of filing basis (Section 1(a), 1(b), 44(d), or 44(e))

• Precise identification of goods/services using USPTO-approved terminology

• Specimen review and selection (for use-based applications)

• Electronic filing through USPTO TEAS system

• Office action response (one substantive office action)

• Communication throughout the prosecution process

• Coordination with USPTO examining attorneys

This comprehensive service covers the typical trademark application from filing through registration, including one office action response if needed. Additional office actions requiring complex legal argument or extensive evidence submission may involve supplemental fees.

Itemized Attorney Fee Breakdown

If attorneys itemize services rather than offering flat fees, typical components include:

• Initial consultation: $250-$500

• Trademark clearance search analysis: Included in $2,000 search fee or $300-$500 standalone

• Application preparation: $500-$1,000

• Filing and prosecution: $500-$1,000

• Office action response: $750-$2,500 depending on complexity

Total Itemized Range: $2,000-$5,500

Flat fee structures at Yomtobian Law provide cost certainty and include office action responses that would otherwise cost $750-$2,500 separately.

Additional Legal Services

Complex Office Action Responses

Most office actions are addressed within the standard $2,000 application fee. However, complex matters involving:

• Multiple cited references requiring extensive legal argument

• Descriptiveness refusals requiring evidence of acquired distinctiveness

• Multiple rounds of examiner refusals requiring requests for reconsideration

• Specimen refusals requiring new evidence of use

May involve additional fees of $1,000-$2,500 depending on complexity.

Opposition or Cancellation Proceedings

If third parties oppose your application or seek to cancel your registration, proceedings before the Trademark Trial and Appeal Board typically cost:

• Uncontested/settled oppositions: $2,000-$5,000

• Contested discovery and trial: $20,000-$50,000+

• Complex TTAB litigation: $50,000-$100,000+

These proceedings are similar to federal court litigation and require substantial attorney involvement through discovery, testimony, and briefing phases.

Appeals to TTAB

If examining attorneys issue final refusals, you can appeal to the TTAB:

• Appeal brief preparation and filing: $3,000-$7,000

• Oral argument preparation and attendance: $2,000-$4,000

• Total appeal cost: $5,000-$11,000+

Maintenance Filing Services

Section 8 Declaration Preparation and Filing: $400-$600

Attorneys monitor maintenance deadlines, prepare required declarations, gather current specimens, and file with the USPTO.

Combined Section 8 & 9 with Section 15: $600-$900

Combined filings require coordination of multiple declarations and renewal applications.

Portfolio Management Services: $500-$1,500 annually

For businesses with multiple trademarks, portfolio management services monitor all deadlines, ensure timely maintenance filings, and provide strategic counsel about portfolio expansion and enforcement.

Complete Cost of Registering A Trademark: Registration Through First Renewal

Single-Class Application

With Professional Services at Yomtobian Law

• Clearance Search: $2,000

• Application Filing Fee (USPTO): $350

• Application Preparation and Filing (Attorney): $2,000

• Total Initial Investment: $4,350

Post-Registration (First 10 Years)

• Section 8 + 15 (Year 5-6): $325 (USPTO) + $500 (Attorney) = $825

• Section 8 & 9 (Year 9-10): $425 (USPTO) + $600 (Attorney) = $1,025

• Total Maintenance (First 10 Years): $1,850

Grand Total (10 Years): $6,200 Average Annual Cost: $620/year

Three-Class Application

With Professional Services at Yomtobian Law

• Clearance Search: $2,000

• Application Filing Fee (USPTO): $1,050 ($350 × 3)

• Application Preparation and Filing (Attorney): $2,000

• Total Initial Investment: $5,050

Post-Registration (First 10 Years)

• Section 8 + 15 (Year 5-6): $975 (USPTO) + $750 (Attorney) = $1,725

• Section 8 & 9 (Year 9-10): $1,275 (USPTO) + $900 (Attorney) = $2,175

• Total Maintenance (First 10 Years): $3,900

Grand Total (10 Years): $8,950 Average Annual Cost: $895/year

DIY Cost Comparison

Some businesses consider filing applications themselves without attorney assistance:

Self-Filing Costs

• USPTO Filing Fee: $350 per class

• Clearance Searching: $0 (DIY TESS searching) or $200-$400 (automated services)

• Time Investment: 20-40+ hours learning trademark law and USPTO procedures

• Total Initial Cost: $350-$750 per class

Hidden DIY Costs

• Higher refusal rates (50-100% more than attorney-filed applications)

• Higher abandonment rates due to inadequate office action responses

• Weak identifications leaving protection gaps

• Improper specimens causing refusals

• Lost filing fees when applications are refused ($350+ per class)

• Potential rebranding costs if conflicts are discovered later ($50,000-$500,000)

• Missed optimization opportunities (proper class selection, strategic filing basis)

Actual DIY Cost Analysis

While initial DIY filing costs $350 versus $4,350 with professional services, the success rates tell a different story:

• Self-filed application: $350 with 50-60% success rate = $583-$700 expected cost per successful registration

• Attorney-filed application: $4,350 with 85-90% success rate = $4,833-$5,118 expected cost per successful registration

However, this analysis ignores:

• Value of comprehensive clearance searching before investing in brand development

• Cost of office action responses if needed ($750-$2,500)

• Risk of inadequate protection from poor identifications

• Potential rebranding costs from undiscovered conflicts

When all factors are considered, professional services provide superior value despite higher upfront costs.

Cost-Benefit Analysis: The True Value Proposition

What You're Actually Buying

Trademark registration isn't just purchasing a government registration certificate—it's securing:

Legal Rights and Protections

• Nationwide exclusive rights under 15 U.S.C. § 1057(c)

• Prima facie evidence of validity and ownership under 15 U.S.C. § 1057(b)

• Access to enhanced federal remedies including treble damages, profits, and attorneys' fees

• After incontestability, conclusive evidence of validity immune to most challenges

• Right to use ® symbol providing notice and deterrent effect

Business Value

• Intangible asset appearing on balance sheets and enhancing business valuation

• Foundation for licensing and franchise opportunities

• Requirement for e-commerce platform brand protection (Amazon Brand Registry, eBay VeRO)

• Credibility with investors, lenders, and acquisition partners

• Competitive advantage and market positioning

Risk Mitigation

• Protection against infringement liability from unknowing violations of others' rights

• Prevention of competitors adopting confusingly similar marks

• Legal foundation for enforcement actions against infringers

• Customs recordation enabling seizure of counterfeit imports

ROI Calculation

Investment: $4,350 for single-class comprehensive services (searching + application)

Value Delivered:

• Avoided rebranding costs: $50,000-$500,000 (conservative estimate)

• Prevented infringement liability: $150,000-$500,000 (typical litigation costs)

• Brand value enhancement: $25,000-$100,000+ (valuation increase from federal registration)

• Licensing revenue enablement: $25,000-$75,000 annually (potential licensing income at 5-15% royalty rates)

• Business valuation impact: 10-30% higher valuation for businesses with comprehensive trademark portfolios

Conservative 10-Year Value: $100,000-$600,000+ ROI: 2,200%-13,700%

The Cost of Inadequate Protection

Compare the $4,350 investment in comprehensive trademark registration against potential costs of inadequate protection:

Rebranding After Discovering Conflicts

• New name selection and clearance: $2,000-$5,000

• Logo redesign: $3,000-$15,000

• Website redesign: $5,000-$50,000

• Marketing material reprinting: $5,000-$50,000

• Inventory and packaging replacement: $10,000-$250,000

• Lost brand recognition and goodwill: Incalculable

• Total: $50,000-$500,000+

Trademark Infringement Litigation

• Discovery phase: $50,000-$150,000

• Trial preparation and proceedings: $100,000-$350,000

• Potential damages: $50,000-$500,000+

• Potential injunctive relief requiring rebranding: Additional $50,000-$500,000

• Total: $150,000-$1,000,000+

Lost Business Opportunities

• Inability to secure e-commerce platform brand protection

• Investor concerns about IP portfolio gaps

• Geographic expansion limitations

• Franchise/licensing opportunity losses

• Difficult to quantify but potentially substantial

The $4,350 investment in proper trademark protection is trivial compared to these potential costs, representing classic insurance value—modest certain cost preventing potentially catastrophic uncertain losses.

Financing and Budgeting Strategies

Phased Investment Approach

For businesses with limited budgets, phased approaches spread costs over time:

Phase 1: Clearance Searching ($2,000) Conduct comprehensive searching immediately to confirm mark availability before any brand investment. This can be done months before filing applications.

Phase 2: Application Filing ($2,350) Once searching confirms availability and you've established use or firm intent to use, file the application.

Phase 3: Maintenance Filings (Years 5+ ) Budget for maintenance filings years in advance, setting aside $50-75 per class annually to prepare for Section 8 and Section 9 deadlines.

Business Expense Treatment

Trademark registration costs are legitimate business expenses, generally deductible under I.R.C. § 162 as ordinary and necessary business expenses. Consult with tax professionals about proper treatment and potential amortization strategies for trademark acquisition costs.

Multiple Mark Prioritization

Businesses needing protection for multiple marks (company name, product line names, slogans) should prioritize:

1. Primary brand name used across all marketing and communications

2. Product/service line names representing significant revenue

3. Distinctive slogans or taglines used extensively in marketing

4. Secondary brands or planned expansion marks

File priority marks first, adding additional marks as budget allows. This staged approach ensures critical brands receive immediate protection while building comprehensive portfolios over time.

International Trademark Costs

Businesses planning international operations should budget for foreign trademark protection:

Madrid Protocol Filing

• WIPO filing fees: 653-903 Swiss Francs (approximately $750-$1,000)

• Individual designation fees per country: 300-1,500+ Swiss Francs each

• Attorney fees for preparation: $1,500-$3,000

• Total for 5 countries: $4,000-$8,000

Direct Foreign Filing

• Per-country attorney fees: $1,500-$5,000 per country

• Per-country government fees: $300-$2,000

• Total for 5 countries: $9,000-$35,000

Madrid Protocol provides significant savings for multi-country protection, though each designated country's trademark office examines applications under national laws.

Why Professional Services Provide Superior Value

At $2,000 for comprehensive clearance searching and $2,000 for application filing and prosecution, Yomtobian Law's services provide exceptional value because:

Comprehensive Service Inclusions

• Thorough clearance searching across all relevant databases

• Professional likelihood of confusion analysis

• Strategic application planning optimizing class coverage

• Expert identification drafting maximizing protection

• Office action responses included (most applications)

• Direct attorney communication throughout the process

Success Rate Differential Professional application preparation and prosecution achieves 85-90% success rates compared to 40-60% for self-filed applications, dramatically improving the likelihood your investment results in successful registration.

Time Savings The 20-40+ hours required for self-filing can be invested in core business activities generating far more value than the $2,000 attorney fee represents.

Risk Mitigation Professional clearance searching identifies conflicts before brand investment, preventing devastating rebranding costs. Expert application preparation avoids common pitfalls that result in refusal or weak registrations.

Long-Term Value Properly prepared registrations with optimal coverage provide comprehensive protection supporting business growth, licensing opportunities, and enforcement capabilities that inadequately prepared registrations cannot match.

Making Your Investment Decision

The question isn't whether you can afford professional trademark registration—it's whether you can afford inadequate protection or the risks that come with DIY approaches. At $4,350 for comprehensive single-class registration ($2,000 searching + $350 USPTO fee + $2,000 application preparation), the investment is modest compared to the value delivered and risks prevented.

Every day you operate without federal registration exposes your business to conflicts, infringement liability, and priority loss if competitors file first. The cost of acting today is far less than the cost of reacting to problems tomorrow.

Ready to invest in proper trademark protection? Contact Yomtobian Law today for comprehensive trademark services. For $2,000 I'll conduct thorough clearance searching, and for an additional $2,000 I'll prepare and prosecute your application through registration. Let's secure the legal protection your brand deserves at a price that represents exceptional value for your investment.

Frequently Asked Questions

Q: Can I pay the USPTO fees in installments?

No. USPTO fees must be paid in full at the time of filing for applications or at the time of filing for maintenance documents. Payment is required before the USPTO will process submissions.

Q: What payment methods does the USPTO accept?

The USPTO accepts credit cards (Visa, Mastercard, American Express, Discover), debit cards, ACH, and USPTO deposit accounts. Personal checks are not accepted for electronic filings through TEAS.

Q: Do attorney fees include the USPTO filing fees?

No. Attorney fees and USPTO government fees are separate. At Yomtobian Law, the $2,000 application fee covers attorney services, and clients pay the $350 per class USPTO filing fee directly to the government.

Q: What if my application is refused—do I get refunded?

No. USPTO filing fees are non-refundable regardless of whether applications are approved or refused. This is why comprehensive clearance searching before filing is essential—it prevents investing in applications likely to be refused.

Q: Are trademark registration costs tax deductible?

Generally yes, as ordinary and necessary business expenses under I.R.C. § 162. However, tax treatment depends on specific circumstances. Consult with tax professionals about proper treatment of trademark acquisition costs for your business.

Q: Do I need to pay separately for word mark and logo registrations?

Yes. Each application requires separate fees. If you want to register both a word mark and a design/logo mark, you'll file two applications and pay two sets of fees (two × $350 USPTO fees plus two × $2,000 attorney fees).

Q: What if I need to add more classes after filing?

You cannot add classes to pending applications. You must file new separate applications for additional classes, paying new filing fees. This is why proper class selection during initial filing is important—it avoids the need for supplemental applications later.

Q: How much do office action responses cost?

At Yomtobian Law, one office action response is included in the $2,000 application fee. Additional office actions requiring complex legal argument or extensive evidence may involve supplemental fees of $1,000-$2,500 depending on complexity.

Q: Are there any hidden fees I should know about?

No hidden fees at Yomtobian Law. The pricing structure is transparent: $2,000 for searching, $2,000 for application preparation and filing (including one office action response), plus USPTO fees of $350 per class. Maintenance filings years later involve additional USPTO fees and attorney fees, but these are disclosed upfront.